Karnataka High Court
Smt. Jackita W/O Yohan Porwal vs Sri Yohan S/O Parasmal Porwal on 21 September, 2022
Author: S G Pandit
Bench: S G Pandit
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MFA No. 101197 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 101197 OF 2022 (FC-)
BETWEEN:
SMT. JACKITA W/O YOHAN PORWAL
AGE- 30 OCC- HOUSEHOLD
@ 353, GOKUL HOUSING SOCIETY, A-WING, 1ST FLOOR,
BLOCK NO.8 GOKUL NAGAR. NEAR RANI SATI MANDIR,
BHIWANDI, DIST-THANE-421308 STATE OF
MAHARASHTRA
...APPELLANT
(BY SRI. SANTOSH B MANE, ADVOCATE)
AND:
SRI YOHAN S/O PARASMAL PORWAL
AGE-31, OCC- BUSINESS
R/O 104 BLOCK, MADHUBAN COMPLEX HUBBALLI
DIST-DHARWAD
...RESPONDENT
(BY SMT. REBEENA SHIVAPUR FOR G.I. GACHICHINAMATH, ADVS.)
Digitally signed
by K M
SOMASHEKAR
Location: High
Court of
THIS MFA FILED U/S.19(1) OF THE FAMILY COURT ACT,
KM Karnataka,
SOMASHEKAR Dharwad
Bench
Dharwad.
Date:
2022.09.28
10:57:25
+0530
AGAINST THE JUDGEMENT AND DECREE DATED 08.02.2022, PASSED
IN MATRIMONIAL CASE NO.244/2019 ON THE FILE OF I ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, ALLOWING THE
PETITION FILED U/SEC. 13(1)(i-a) OF THE HINDU MARRIAGE ACT,
1955.
THIS MFA COMING ON FOR ORDERS, THIS DAY,
ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
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MFA No. 101197 of 2022
JUDGMENT
This appeal is filed by the wife, who has suffered decree for dissolution of marriage in terms of judgment and decree dated 8.2.2022 passed in MC No.244/2019 by the learned I Addl. Principal Judge, Family Court, Hubballi.
2. The Family Court while granting decree of divorce has awarded permanent alimony of Rs.10 lakhs to the wife and also directed the husband to pay arrears of interim maintenance of Rs.4,10,000/-. The wife is before this Court challenging the decree of divorce as well as decree for permanent alimony.
3. The appellant/wife and respondent/husband are present before the Court and they are identified by their respective learned advocates.
4. The parties have filed petition under Section 13B of the Hindu Marriage Act, 1955 seeking dissolution of marriage on mutual terms by withdrawing allegations made against each other.
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5. Section 13B petition contains terms and conditions agreed upon by the parties. In addition to Rs.10 lakhs awarded by the Family Court to the wife towards permanent alimony, the respondent/husband has voluntarily come forward to pay another sum of Rs.4 lakhs towards full and final settlement of the claim to the appellant/wife. To that effect, Demand Draft bearing No.013964 dated 14.09.2022 drawn on HDFC Bank for a sum of Rs.4 lakhs is handed over to the appellant/wife and she acknowledges the receipt of the same.
6. It is also averred in Section 13B petition, that Rs.10 lakhs awarded by the Family Court towards permanent alimony to the appellant/wife is already deposited before the Family Court, Hubballi along with arrears of interim maintenance. It is stated that the said amount has not been withdrawn by the appellant/wife and she has agreed to withdraw the same in addition to Rs.4 lakhs paid through aforementioned Demand Draft towards full and final settlement of the claim.
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7. Admittedly, parties to the proceeding have no children from the marriage.
8. The appellant/wife as well as respondent/husband submit that both shall co-operate in getting criminal cases filed against each other withdrawn or quashed in accordance with law.
9. It is also forthcoming from the records that the parties have no other claim against each other. The parties submit that they have voluntarily come forward to get their marriage dissolved on mutual terms by withdrawing allegations made against each other.
10. Since the Family Court has already granted decree for dissolution of marriage in terms of judgment and decree dated 8.2.2022 in MC No.244/2019, this Court is not insisting the parties to file an application under Section 13B(2) of the Act seeking to waive six months' waiting period.
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11. For the reasons assigned above, Section 13B petition is allowed. The judgment and decree dated 8.2.2022 passed in MC No.244/2019 on the file of learned I Addl. Principal Judge, Family Court are hereby set-aside. The marriage between the appellant and respondent solemnized on 23.11.2017 is dissolved in terms of Section 13B petition. All terms and conditions of Section 13B petition would form part of the decree.
12. In view of the above, appeal stands allowed.
SD JUDGE SD JUDGE JTR